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Judiciary

ITAT-Cuttack: Unregistered Trust—Only Net Income is to Be Taxed

July 29, 2025 930 Views 0 comment Print

ITAT-Cuttack holds only net income, not gross receipts, of an unregistered educational trust is taxable, emphasizing consistency in prior assessments.

Writ Dismissed in GST Case Involving Circular Transactions of Non-Existent ITC

July 29, 2025 726 Views 0 comment Print

Patna High Court dismisses writ petition in Rs 3 crore ITC fraud case involving multiple GSTINs and NIL returns, stating no prima facie grounds for intervention under Article 226.

Deceased Taxpayer GST Assessment Invalid Without Notice to Legal Heir  

July 29, 2025 714 Views 0 comment Print

Kerala High Court rules assessment proceedings against a deceased person are invalid if notice isn’t served to legal heirs under Section 93 of the CGST Act.

Orissa HC Dismisses GST Writ as Appeal Pending, Attachment Withdrawn

July 29, 2025 339 Views 0 comment Print

The Orissa High Court has dismissed a writ petition from Manoj Distributor as infructuous after the GST department withdrew an attachment order, acknowledging a pending appeal with pre-deposit.

ITAT Pune Condones 400-Day delay Due to Consultant’s Lapse

July 29, 2025 702 Views 0 comment Print

ITAT Pune allows a petrol pump owner’s appeal for statistical purposes, citing consultant’s lapse in communication and directing re-examination with fair opportunity due to best judgment assessment.

Madras HC Condones 1-Day GST Appeal Delay due to Sunday

July 29, 2025 456 Views 0 comment Print

Madras High Court condones a one-day delay in filing a GST appeal, setting aside the department’s rejection, as the due date fell on a Sunday, ensuring a fair hearing on merits.

Penalty Under 271(1)(c) Fails as Reopening Found Invalid: Madras HC

July 29, 2025 753 Views 0 comment Print

The Madras High Court ruled that income tax assessment and penalty proceedings cannot survive if the foundational Section 148 reassessment notice has been statutorily quashed.

Madras HC Sets Aside Reopening Beyond 4 Years Based on Disclosed Facts

July 29, 2025 930 Views 0 comment Print

Madras High Court ruled that income tax reassessment based on information already available in audited financial statements is invalid, finding no failure by the company to disclose material facts.

ITAT Accepts Delay of 234 days Due to Accountant Exit, Restores Appeal

July 29, 2025 387 Views 0 comment Print

ITAT Ahmedabad condones a 234-day delay in an income tax appeal, citing missed email communication due to an accountant’s resignation, remanding the case for re-adjudication.

Penalty for Wrong Income Claim Set Aside Due to Reliance on Audit Report

July 29, 2025 657 Views 0 comment Print

ITAT Delhi set aside a Section 271(1)(c) penalty against Kissan Petro Oils Pvt Ltd, as all underlying additions were deleted by the ITAT and claims were based on a CA-certified audit report.

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